Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/20

38 No. 30599

Act No. 32, 2007 any image, publication, depiction, description or sequence in any manner whatsoever, of pornography or child pornography, is guilty of the offence of using a person who is mentally disabled for pornographic purposes.

(2) Any person who knowingly and intentionally in any manner whatsoever gains financially from, or receives any favour, benefit, reward, compensation or any other advantage, as the result of the commission of any act contemplated in subsection (1), is guilty of the offence of benefiting from using a person who is mentally disabled for pornographic purposes.

Definitions

27. For the purposes of this Chapter, and unless the context indicates otherwise— “application” means an application in terms of section 30 or 32;

“body fluid” means any body substance which may contain HIV or any other sexually transmissible infection, but does not include saliva, tears or perspiration;

“body specimen” means any body sample which can be tested to determine the presence or absence of HIV infection;

“HIV” means the Human Immuno-deficiency Virus;

“HIV test” means any validated and medically recognised test for determining the presence or absence of HIV infection in a person;

“interested person” means any person who has a material interest in the well-being of a victim, including a spouse, same sex or heterosexual permanent life partner, parent, guardian, family member, care giver, curator, counsellor, medical practitioner, health service provider, social worker or teacher of such victim;

“investigating officer” means a member of the South African Police Service responsible for the investigation of an alleged sexual offence or any other offence or any member acting under his or her command;

“medical practitioner” means a person registered as a medical practitioner in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), and who, for purposes of section 33, is authorised to take body specimens as contemplated in this Chapter;

“nurse” means a person registered as such in terms of any relevant legislation and who, for purposes of section 33, is authorised to take body specimens as contemplated in this Chapter;

“offence” means any offence, other than a sexual offence, in which the HIV status of the alleged offender may be relevant for purposes of investigation or prosecution;

“PEP” means Post Exposure Prophylaxis;

“sexual offence” means a sexual offence in terms of this Act in which the victim may have been exposed to body fluids of the alleged offender; and

“victim” means any person alleging that a sexual offence has been perpetrated against him or her.

Services for victims relating to Post Exposure Prophylaxis and compulsory HIV testing of alleged sex offenders

28. (1) If a victim has been exposed to the risk of being infected with HIV as the result of a sexual offence having been committed against him or her, he or she may—

subject to subsection (2)—

receive PEP for HIV infection, at a public health establishment designated from time to time by the cabinet member responsible for health by notice in the Gazette for that purpose under section 29, at State expense and in accordance with the State's prevailing treatment norms and protocols;